22 January 2008

fresh on the heels of their 'motion to strike and to correct record," the nationalist movement, today, filed their motion to reconsider. this motion to reconsider, seems to be based on the apparent violation of the second amendment rights of david sr and jr dupre who were prohibited from carrying a rifle and a shotgun in yesterday's 'jena justice day' march.

[O]n January 21, 2008, Plaintiff conducted its parade and rally; however, Defendants prohibited two would-be paraders, David Dupre and David Dupre, Jr., from bearing firearms, therein, namely a rifle and shotgun, or from even removing the same from their vehicle. Consequently, the two were prohibited from exercising their First Amendment right, to actually and/or symbolically speak, by carrying firearms to symbolize that they could exercise their Second Amendment rights, and Second Amendment right, to keep and bear arms, and did not parade.

Plaintiff had stated that members would not be bearing firearms and had recommended that members of the public not bring firearms, but Plaintiff, also, affirmed that the people have a right to keep and bear arms, provided they do not conceal them, of their own volition. Defendants may be either in violation of the of the Court’s “non-interference” order, or, in the alternative, the Final Judgment may have been erroneous, in stating that all of the issues had been resolved, when, in fact, they had not been. Plaintiff has timely lodged its Motion to Reconsider.